Common use of Termination of Underwriting Agreement Clause in Contracts

Termination of Underwriting Agreement. The Underwriters may terminate this Underwriting Agreement by notice given by the Representatives to the Company, if after the effectiveness of this Underwriting Agreement and prior to delivery of and payment for the Notes (i) trading generally shall have been suspended or materially limited on, or by, the New York Stock Exchange, (ii) trading of any securities of the Company shall have been suspended on any exchange or in any over the counter market, (iii) any moratorium on commercial banking activities shall have been declared by Federal or New York State authorities or any material disruption in commercial banking, securities settlement, payment or clearance services in the United States shall have occurred, or (iv) there shall have occurred any outbreak or escalation of hostilities, or any change in financial markets, any declaration of war by Congress, or any calamity or crisis that, in the judgment of the Representatives, is material and adverse and which, singly or together with any other event specified in this clause (iv), makes it, in the judgment of the Representatives, impracticable or inadvisable to proceed with the offer, sale or delivery of the Notes on the terms and in the manner contemplated in the General Disclosure Package and the Prospectus. Sections 7, 8, 9, 16(a) and 16(b) shall survive any termination under this Section 10 and remain in full force and effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Firstenergy Corp), Underwriting Agreement (Firstenergy Corp)

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Termination of Underwriting Agreement. The Underwriters may terminate this Underwriting Agreement by notice given by the Representatives to the Company, if after the effectiveness of this Underwriting Agreement and prior to delivery of and payment for the Notes (i) trading generally shall have been suspended or materially limited on, or by, the New York Stock Exchange, (ii) trading of any securities of the Company shall have been suspended on any exchange or in any over the counter market, (iii) any moratorium on commercial banking activities shall have been declared by Federal or New York State authorities or any material disruption in commercial banking, securities settlement, payment or clearance services in the United States shall have occurred, or (iv) there shall have occurred any outbreak or escalation of hostilities, or any change in financial markets, any declaration of war by Congress, or any calamity or crisis that, in the judgment of the Representatives, is material and adverse and which, singly or together with any other event specified in this clause (iv), makes it, in the judgment of the Representatives, impracticable or inadvisable to proceed with the offer, sale or delivery of the Notes on the terms and in the manner contemplated in the General Disclosure Package and the Prospectus. Sections 7, 8, 9, 16(a15(a) and 16(b15(b) shall survive any termination under this Section 10 and remain in full force and effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Firstenergy Corp), Underwriting Agreement (FirstEnergy Solutions Corp.)

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